New York Court of Appeals
The People of the State of New York, Respondent v. Mark Jurgins, Appellant
December 17, 201526 N.Y.3d 607
Summary
The Court held that the defendant's prior Washington, D.C. conviction for attempted robbery does not satisfy New York's predicate felony requirement for a second felony offender designation, that the defendant did not waive his right to challenge that determination, and that the challenge is preserved for review in his CPL 440.20 motion; consequently the appellate court's order was reversed and the case remanded for further proceedings.